If you are a service member who was injured and unable to perform your duties, the chances that you will eventually be processed through your branch’s version of the military disability system, commonly known as the Physical Evaluation Board (“PEB”) “).

Once this happens, you’ll find yourself trying to navigate your way through a confusing maze of medical, legal, and administrative regulations that you need to be part doctor, part lawyer, and part cryptographer to decipher.

Now that the DOD pilot programs are designed to level the playing field. and having a physical for both VA and military disability classification purposes are being done via beta testing, there is more confusion than ever about preparing for a medical board.

This article will provide you with a roadmap to follow so that you are not one of the many service members who fall under the radar each year simply due to a lack of knowledge and good case preparation. By following each of the five steps listed below, you will be well on your way to getting the best possible result from the military disability system.

Remember, this is a system that places the burden on you to understand any and all applicable rules, regulations, instructions and directives. While it may take a few hours of research on your part to find and read this information, you will find that it is time well spent.

As you go through this process, there will be no shortage of well-meaning people—friends, relatives, co-workers, supervisors, and health care providers—who will try to tell you how the PEB system works and how much your case is worth. While I don’t doubt your good intentions, following the advice of friends, family, and co-workers will do far more harm than good when it comes to effectively handling your medical board case.

You see, there are very few people within the active duty, Reserve, or Guard US military who have had any significant experience adjudicating PEB cases or representing service members within the PEB system.

Make sure that any advice you are given is current and valid, as the military disability system places a heavy responsibility on you to ensure that the information you rely on is accurate. Then again, that’s how it should be. After all, it’s your life we’re talking about, isn’t it?

Many people who will advise you have attended courses designed to familiarize them with the PEB system for their roles as PEB Liaison Officers, Medical Board Writers, Patient Administrators and Command Representatives. However, this does not provide them with the necessary knowledge to advise you effectively regarding your case. Remember, a little knowledge is a dangerous thing.

This is especially true when it affects your future and that of your loved ones. Think about your future for a few minutes. What will it be like trying to get health insurance after leaving the service because of a disability? What about disability insurance? Would an employer be willing to take the risk of hiring you instead of someone who isn’t broke?

To tell the truth, there is no second place in the PEB system. Either you win or you lose.

Your goal is to win, get the best result possible, and make sure the future is bright. That brings us to the first step in winning your military disability case.

STEP ONE: Make sure those offering advice are qualified to do so

While many readers will be offended by the straightforward nature of this document, I make no apologies for this comment as it comes from two decades of experience successfully representing service members like yourself at all levels of the PEB system. Although most lawyers will tell you how good they are, have you ever wondered how they can verify their claims?

A good technique for evaluating an attorney’s experience and professionalism is to review their profile on the Martindale-Hubbell website at www.martindale.com

If you are unfamiliar with this site, you will know that Martindale-Hubbell is a world-renowned publisher that conducts peer reviews of lawyers to assess their professionalism and integrity. To accomplish this task, they send extensive surveys to attorneys and judges across the country to determine the competence and ethics of individual lawyers.

The highest rating for professionalism under the Martindale-Hubbell grading scheme is the coveted AV rating, indicating that a lawyer is considered Preeminent among their peers across the country. You can’t buy it, you have to earn it. Look for an AV-rated attorney whenever possible.

It is also wise to check with your state bar association to see if that attorney has a disciplinary history of client negligence or misconduct. If so, caveat emptor.

Another good technique is to ask the lawyer to put you in contact with his past clients. If that attorney won’t let you contact his past clients to discuss their experiences, doesn’t it make you wonder why they’re so shy?

Once you’ve found a good attorney you want to work with, you should work together to define your personal goals in order to develop the evidence necessary to achieve them.

STEP TWO: Why you need to define your objectives as early as possible in the PEB process

When you enter the PEB system, you will first need to decide what you want as an outcome and seek the best possible advice on how to achieve this goal. If you want to be declared unfit and processed for a disability retirement, then the approach to developing your case will be very different than if you were seeking to be declared fit and returned to service.

The best way to determine your goals is to have a complete set of your current medical records reviewed by an attorney who practices military disability law. After all, unless an attorney is a psychic, there’s no way he or she can offer you an intelligent evaluation of your case without reviewing her health records.

Anyone who does is either working in an intellectual vacuum or, to be charitable, just shooting from the hip. Is that what he wants, a lawyer who is willing to roll the dice regarding his future based on inadequate information? If so, feel free to stop reading and pass this article on to someone else.

The reason it is important to clearly define your goals from the outset is because your life will be forever changed by the course of action that you and your attorney take.

As you begin to define your goals and develop a game plan to achieve them, you will need to learn as much as you can about how the system really works because that is the next step in winning your PEB case.

STEP THREE: Learn the rules and how the game is played

It is vital to your future well-being that you become familiar with the instructions governing how PEB cases are decided within your branch of service, especially if you receive treatment at a military treatment center operated by another service or at a civilian treatment center. You see, there are significant differences in wording between the medical communities of the various armed forces that can have a direct impact on the outcome of your case.

Remember, from the moment you enter the PEB system, it is your job to make the task of the hearing panel as easy as possible. If you do, then you will greatly improve your chances of winning. If you don’t, then you have no one but yourself to blame.

There is no substitute for taking responsibility for your own medical care and the processing of your case. The more you learn about your own medical condition, the better prepared you will be to help your lawyer win your case.

STEP FOUR: Take responsibility for your own health care

Many times, the key to winning your case is simply learning how to effectively describe your symptoms and limitations to your health care providers and attorney. They may discover a potentially debilitating condition that has yet to be addressed on your medical board. It may just be the ticket to victory for you.

STEP FIVE: Recognize the importance of non-medical evidence in adjudicating your case.

One area that most service members who are processed through the PEB system do not understand is the importance of non-medical evidence in deciding your case.

You see, a service member can have a number of health problems that plague them on a daily basis without being unable to perform their duties.

If you think that simply being sick or injured will earn you a disability retirement or severance pay, you will be very disappointed with the outcome of your case.

In the PEB system, that medical problem must also give you duties if you are offered severance pay or disability retirement. On the other hand, for those who wish to be found fit, they must show that their injuries do not prevent them from performing their duties.

However, no one really spends a lot of time teaching participants in the PEB process how to generate accurate information from their core commands to support their cases. Many commanding officers are under the mistaken impression that you will be punished by describing how much time you miss from the job site because of your injuries. Actually, quite the opposite is true.

If your command describes you as capable of performing your duties, you will be considered Fit, even if you cannot tie your shoelaces. Having strong non-medical evidence that clearly and convincingly describes how your injuries affect you in the workplace can make or break your case.

As you have seen during the course of this article, it is up to you to aggressively seek the best advice and representation you can to achieve your PEB goals. It will take some extra effort on days when you may feel like you can’t even stand up, but it will be worth it in the end. After all, it is your future, let it be good.

If you have any questions about this item, feel free to contact me and I’ll be happy to help. Also, feel free to forward this document to anyone you think could benefit from it. In closing, let me offer you my best wishes for your continued success and a deep appreciation for your service to our country.